Media Study - Medija centar Beograd

Article 35
Any legal or physical person intending to perform a telecommunications activity
shall apply for a license for a public telecommunications network and/or public
telecommunications services with the Agency, in the manner stipulated herein for a
specific type of license, unless this Law stipulates that a specific telecommunications
activity may be performed without a granted license.
Person referred to in Paragraph 1 of this Article shall submit, together with the
application, appropriate evidence that it meets the conditions required for license
granting and other data prescribed by the Agency rules.
Individual License
Article 36
The Agency shall grant individual licenses.
An individual license shall be granted after a public tender procedure has been
completed, and after the most eligible bidder has been chosen.
An individual license may be granted only to a person who has applied for the
license under the public tender rules, and who has met all conditions stipulated in this
Law and the by-laws of the Agency.
Under this Law, the Agency shall adopt a by-law specifically defining the
licensing procedure.
A one-time fee for obtaining the license and an annual fee, as well as the costs of
issuance and/or renewal of the license shall be charged for the license.
The minimum (initial) amount of the one-time fee referred to in paragraph 5 of
this Article to be set by the Ministry in compliance with this Law shall be stated in the
call for public tender. The final amount of the one-time fee shall be set in the public
tender procedure and the proceeds shall be paid into the budget of the Republic.
The annual fee referred to in paragraph 5 of this Article shall be stated in the
license in the amount calculated by the Agency.
An individual license holder may be required to provide a guarantee for payment
of the one-time fee for obtaining the license.
An individual license may not be transferred without the prior approval of the
Agency, but the Agency may not refuse approval if the license holder has pledged its
rights under the individual license to a bank or other financial institution in order to
provide financing for the activities, which are the subject of the license, and if such
transfer shall take place in the process of settling the liabilities towards the bank or other
financial institution secured by the pledge.
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The duration period of the license, the mutual rights and obligations, and the
terms and conditions under which the individual license has been granted for the public
telecommunications network or services, and also the amount, time limit and manner for
the payment of the fees shall be specified in the license.
An individual license may be granted for a period no longer than 20 years.
The duration period referred to in paragraph 11 of this Article may be renewed at
the request of the individual license holder, who must place a renewal request no later
than 6 months before the expiration of the granted individual license.
Special Rules for Granting Individual Licenses
Article 37
In a public tender, the Agency shall have the responsibility to:
1. ensure that the public tender is accessible to all interested parties under equal
conditions by publishing a public announcement;
2. create and publish non-discriminatory, objective and measurable decision-making
criteria which are appropriate for the activities and services for which the individual
license is granted;
3. determine which applicant has fulfilled all of the conditions stipulated in this Law
and the by-laws of the Agency;
4. choose the best bidder on the basis of financial and technical criteria, experience and
other criteria of relevance to the development of telecommunications in the Republic
of Serbia, which shall be published in the announcement for the public tender;
5. choose the most eligible bidder not later than four (4) months from the expiration of
the application period.
The announcement referred to in item 1, paragraph 1 shall include:
1) subject of the license;
2) period for application to the public tender, which shall not be shorter than 45
days from the publication of the announcement;
3) criteria for participation in the public tender;
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